ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-103 of 2024

(Muhammad Sharif & another Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For the hearing of the bail application.

 

08.07.2024.

 

Mr. Ghulam Shabir Jatoi, Advocate for the applicants.

Mr. Abdul Sattar Hulio, Advocate for the complainant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J.- It is alleged that the applicants with the rest of the culprits, abducted Mst.Maria a girl of 18 years, from the house of the complainant Khalil Ahmed to subject her to rape, for which the present case was registered.

 

2.        The applicants having been refused post-arrest bail by learned 4th Additional Sessions Judge, Larkana, have sought the same from this Court by way of instant application u/s. 497 Cr. PC.

 

3.        It is contended by learned counsel for the applicants that the applicants are innocent and have been involved in this case falsely by the complainant party only for the reason that they are related to Waheed Sharif with whom Mst.Maria had married of her own accord after making a free-will statement and 164 Cr.PC statement before the Magistrate at Karachi, therefore, they are entitled to be released on bail on point of further inquiry.

4.        Learned D.PG for the State and learned counsel for the complainant have opposed to release of the applicants on bail by contending that Mst.Maria was a married lady and the applicants had arranged her Nikkah in existence of her previous Nikkah and the police now have inserted Section 496 PPC in a charge sheet.

 

5.        Heard arguments and perused the record.

6.        The FIR of the incident has been lodged with a delay of about eight days; such delay could not be overlooked. There is nothing in FIR that may suggest that Mst.Maria was a married lady; the story concerning her previous Nikkah, appears to be an afterthought affair. Mst.Maria after making a free-will and 164 Cr.PC statements before the Magistrate at Karachi denying her abduction had married Waheed Sharif. The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicants. In these circumstances, a case for the release of the applicants on bail on the point of further inquiry is made.

 

 

 

7.        Under the discussed circumstances, the applicants are admitted to bail subject to their furnishing surety in the sum of Rs.100,000/- each and P.R bond in the like amount to the satisfaction of the learned trial Court. 

 

8.        The instant bail application is disposed of accordingly.

                                                                                                        JUDGE